officially what it's known for. but george washington's birthday february 22nd. and we had lincoln's birthday last week. it started in 1971 to give a day off to nation's workers and wrapped everything in, president's day, and a day off for weeks, here we are. >> george. >> "america live" starts right now. >> megyn: fox news alert the president's picture for secretary of defense hits yet another potential roadblock in his already problematic nomination. is this thing falling apart? welcome to "america live," i'm megyn kelly. in a speech he gave in 2007 which is now coming to light, then senator chuck hagel reportedly accused the u.s. state department of being an adjunct of the israeli foreign ministry. the speech was not recorded, but fox news has spoken to the former new jersey congressional candidate who last week tipped off lawmakers to those comments and he is

standing by his climbs that that's exactly what chuck hagel said and that's not the first controversial comment the man who would like to run our defense department has made about our close ally israel. however, he's denying he said it. none the less, in the wake of the controversy, now it appears that some democrats, the president's pick, some democrats may be second guessing president obama's pick for secretary of defense. take a listen how journalist bob woodward put it on fox news sunday. >> i understand some of them eventually called the white house and said, is hagel going to withdraw, would he consider withdrawing. the answer is an emphatic no. i wonder if the democrats are kind of ever looking and asking what really is the fundamental question here, is he the best person to be secretary of defense. >> megyn: chris stirewalt host of power play.com. and lindsey graham was on the sunday shows and asked, what

do you make of this 2007 speech he gave at rutgers university and let's face it, chris, this is not the only comment that chuck hagel allegedly made that is anti-israel, that is seemingly anti-israel and graham said this would be breath taking if it were true, but he said he wrote to chuck hagel and chuck hagel now denied saying it and denounces the sentiment there in. and none the less, you're hearing more and author consternation from democrats whether this guy is the right man for the job. so, how does this likely play out from here? >> well, the former republican senator split the hair a little finer than that even in his letter back to lindsey graham or writing back to lindsey graham. saying he didn't recall having said that. i do not recall having said that. that means that he is hoping that a transcript or a video don't emerge or that other witnesses don't come forward to say that he said that, because if he were to accuse

the united states department of state being subserviant to the nation of israel, that would be enough to scuttle this nomination, almost certainly, and have the filibuster hold and have this thing wither on the vine. what democrats are wondering, what mr. woodward said, mr. president, was it worth it, have chuck hagel to prove a point with republicans and tsk-tsk them and what kind of party they should be. woulds was it worth it to expend the political capital and others that agreed with the president and could have sailed through with unanimous votes. >> megyn: the republicans managed to filibuster him last week and deny an up or down vote for now, but john mccain was on the show saying he'll get a vote, it will happen. february 26th. he'll get his vote and when he does, he'll likely get approved because the democrats control the senate, but

there's a question, chris, about whether that's true, in the way that bob woodward put it, there's the danger of witherring on the vine and you know, you're out there and timing is a factor and twisting slowly in the wind, that's how he put it. and the more of these things that emerge, the more potential trouble because now he's got the 2007 rutgers allegation and two others that he has not produced and this whole thing ties into a comment he did acknowledge on the record as having made back in 2006, and here it is, listen. >> the jewish lobby intimidates a lot of people. the united states, and... the. >> megyn: the jewish lobby intimidates a lot of people and so we have a theme emerging here and the pro-israel stance is not a republican thing or a democrat thing, that's more of an american thing.

>> right. well, look, for hagel, the reason that they had to jam this vote, this has been a history making nomination for a couple of reasons. yes, because the republicans have filibuster and delayed the vote on senator hagel, but also because of this, the democrat in charge of the senate armed services committee took the unusual step of pushing the vote through on a partyline vote before everybody was satisfied that all the documentation and everything that everybody wanted had been disclosed. that's because they've known all along this was a tough, a tough one to push through and was from the beginning and so they're doing the president's bidding, but this is now an escalating war around senator hagel and by the time he gets through, by the time it's done he's not in a strong position even if he does get confirmed. >> on whether or not he made that comment in the 2007 rutgers speech. it's not at that long ago, but

he did give a lot of speeches, but they're getting this from a contemporaneous online report that was written by a hagel supporter, who was at the speech. so, you know, you it will me. senator lindsey graham says i take him at his word, but is that good enough, chris? will it be good enough for others who are ardently pro israel and want to make sure they understand chuck hagel's position on it when you've got a contemporaneous report at the time not once he became the nominee here, saying this is what he said? >> well, the opinion of the writer comes into play here, and the person might have heard what they wanted to hear. and it might have ratcheted up the rhetoric a little bit. and in talking about what senator hagel said. it would be hard to imagine that senator, especially given what he said in the interview that you just played and on several other occasions didn't make comments that opened the door to that kind of thinking and exactly what he said, we don't know and we may never know, but he certainly left

the impression with somebody who shared that point of view that that's what he thought. >> what does it tell us if anything of president obama's views on israel and the rest of it? because, you know, in the end, we had andy card on this program a while back and former chief of staff to president george w. bush and a different be cabinet pick. he said look, i'm of the view that the president is entitled to the picks he wants of the people around him to advise him. if the american people find him controversial then they find their president controversial. what does it tell us, if hagel sees it to the end. if president obama doesn't see a problem with that, if president obama doesn't push him to withdraw? >> last week, john kerry said he would be dog-gone certain-- i don't know if he said doggone, he's going it to make middle east peace a priority between palestinian and

israelis, and given the-- you know how bad things got there with netanyahu and obama for a while. picking hagel and having this drip, drip, drip, and stuff come out. i would say that we don't have to start picking out stationary for the announcements of a new peace accord in the middle east, i don't think there's much goodwill between the israelis and the president given the hagel thing. >> megyn: we'll see how it plays out. february 26th is the date, what will happen on that day, a chuck hagel to vote on in the senate or will he no longer be the pick? we'll see. all right, chris, thanks. >> you bet. >> fox news is beginning to follow any developments in senator hagel's process. we'll check it out. from fox news sunday with our own chris wallace and we'll go to foxnews.com/fox news sunday. >> new disturbing developments in the case involving a double

amputee oscar pistorius, whether this 26 year old south african man killed his girlfriend in a fit of rage after taking steroids and we've learned that investigators have found a possible new murder weapon. we thought she was shot to death and now we're learning more. we did a kelly's court on this on friday and agreed that the police had to know more than we knew. charged this guy with premeditated murder he's claiming he shot her behind a closed door and thought it was an intruder and how do we get the premeditated murder off that, and today we may know. >> reporter: here is more, megyn. now a better idea of the time line of chain of events what happened. for example, we know that reeva steenkamp was wearing her nighty when the shooting happened and she had her ipad and overnight bag with her so she was clearly planning to stay the night so the theory he mistook her as an intruder

pretty much has gone and away and even the family says they think it was accidental. a police source tells a thup it's focusing on two points, the neighbors heard four shots they weren't an a row. it wasn't pow, pow, pow, pow, it was pow... pow, pow, pow, and the first shot and she ran to hide and the other shots through the door. and they found a bloody cricket bat, and there were some reports that steenkamp had some head trauma. and break down the door, which he did reportedly, and they want him drug tested they did find performance enhancing drugs inside the home and brings up the possibility of what you said, roid rage when you overuse steroids and that's always a possibility and we should finally point out that the shooting happened at 3:20 in the morning.

neighbors heard them arguing at 1:15 in the morning, megyn. they called the complex security guards who went to the house. ne didn't hear anything until after the arguing, until the shots were fired 3:20 in the morning, back to you. >> megyn: more and more troubling. trace, thank you. the new details do not stop there. revealed that detectives of searching steenkamp's ipad for clues and what they're searching for could spell big trouble for pistorius' defense. we'll tackle the new evidence and tell what it means in today's kelly's court. >> well, the new question did about a key provision of president obama's health care law. it turns out that a fund meant it provide insurance for folks with preexisting conditions is broke and no longer accepting new patients. lou dobbs explains what it means for the new americans who are about to try to join these rolls who have

preexisting condition. what it means for the future of this entire law, plus, take a look at this video. a mysterious blue light over the sky in san francisco, hours after that meteor crashed in russia. what's that? any connection? and it's the show that everyone is talking about today. "downton abbey," after last night's season finale leaving many viewers speechless. well, wait until you hear stu varney's take on this show and why he says its message is driving liberal democrats mad. >> do you think that robert's thrown in the towel prematurely? >> a swivel chair. >> oh. invented by thomas jefferson. >> why does every day involve a flight to america. >> no, no, no, i'm just saying.

>> well, a nearly 200-year-old border feud between georgia and tennessee is heating up again. georgia lawmakers now renewing efforts to change the border at the tennessee river they claim was drawn in the wrong way. first time back in 1818. right now, georgia is a few hundred yards from the precious water and wants that water to fuel atlanta's growth. tennessee says, it works fine, don't mess with it and there's more than water at stake. if the change is made more than 30,000 residents of chattanooga tennessee could become georgians, we'll continue to follow it. well, a key piece of obama's health care law is running out of money. it was set up in 2010 to help tens of thousands of americans with preexisting condition, a bridge to help them. on friday the somethings

announced at that program will no longer be accepting patients because it's out of money. lou dobbs is the host of lou dobbs at night. if you look at the headlines on obamacare, it's disturbing and "the washington post," will young adults face rate shock because of the health care and the rates could go up as much as double. they could double or at least 50% they could go up. that now half of the states in the union have rejected participation in the so-called state-run exchanges supposed to be like the online expedia, okay, this is how old i am my medical background, which exchange should i purchase my insurance from, half the states says we're not doing that. the feds have to do that and the feds did not budget enough money for, on top of that we find out the high risk pools have way more people than expected. they can't fund it. run out of money and that doesn't necessarily portend good things when we have all the people with preexisting

conditions trying for coverage. >> and it goes into effect. january, 2014. seems like just yesterday. >> and the funny thing as i looked over some of the state exchanges, the exchanges they're called to set up the health care coverage. >> megyn: like the expedia thing, i'm this age, i'm this background, what do i want. >> they don't have expedia working on it because as i look at some of the sites and information basis, megyn, you could not imagine now just the process, it's a disaster. it's early days, sure, but-- >> not at that early. >> no, it isn't. i was trying to be nice about it. they're in a heck of a mess, whether it's the states running it or whether the federal government will be running it. 25 states said they're not-- >> by october 1st and they doesn't have ten months on that. >> and signing up then and as far as i know, there's not a single state even close being ready to go to work.

you talk about young people in this. these are the people, this is the genius of obamacare because young people because they're technically healthy and hearty, they don't buy insurance. >> megyn: or if they get any, the catastrophe coverage, that's it. >> the genius of obamacare as obama said himself, he's going to his young people with it. >> megyn: that's how they have to fund it because they have to lower the premiums on the old people and the law says you can no longer charge the old people anymore than three times what the young people are charge. which is great if you're an older american, if you're a younger american, you may be in for surprise if you see your premium. >> the older american is taken care of under medicare, medicaid for those who can't afford, who are in profferty. and now young people are being treated the same way, and-- >> what are they going to do? when the young people see that their premiums are about to skyrocket as "the washington post" is saying, possibility

more than double, these are young and healthy people who barely wanted the insurance in the the first place and they say forget this i'm not going to have the policy. >> the government does-- >> they have to. >> they're going to fine people, charge people and guess what? they're going to do it by the tens of billions of dollars and that's what they're expecting. >> megyn: is that going to adequately fund the program. >> absolutely not. >> megyn: the young people to fund-- >> they not only need them to fund it so we have two things happening, they're trying to put the pressure on young working-- young people period, and at the same time, we've got the crush of people retiring, the baby boomers retiring through the next ten to 15 years. and this, this is demographic nightmare for the poorly thought out, poorly considered, poorly reasoned obamacare. right now, it's such, as you think eloquently put it, such a hot mess, nobody wants to touch it. with one thing they do know, it does work it's going to be a miracle. if it doesn't work, obamacare

or president obama is going to be the one blamed here. >> megyn: what about this preexisting condition thing. so they had 5 billion dollars allocated just for the bridge program. >> right. >> megyn: they're running out of money, not going to have enough. cutting off applications. >> that's all the money appropriated. >> megyn: and allowed about 100,000 people to get this coverage, all right? now there's what, 400,000 people estimated to still need preexisting coverage and what does this mean? have we adequately funded obamacare, january 2014 comes in, are these people going to get adequately funded. >> let me answer your question with a question. has the government ever adequately funded, poorly thought out, a hot mess waiting to happen. >> megyn: the headlines are not good. lou, thank you. >> thank you. >> megyn: a draft out of the white house's own proposal for

i am grig immigration reform. and rand paul says it will be torpedoed proving they don't want it. plus, singer mindy mccready dead at age 37. [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

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>> a special announcement this president's day. after years, years of fund raising, george washington is finally going to get a presidential library. congratulations. it's hard to believe the nation's first commander-in-chief still doesn't have one more than 200 years after his death, but that will soon change. the fred w smith national library for the study of george washington, is scheduled to open in washington's hometown in virginia on september 27th.

♪ >> mindy mccready hit the top of the country music charts in the late '90s before a series of problems sidetracked her career. she was found dead at her home in arkansas. >> reporter: megyn, the bizarre twist here she apparently took her own life on the exact same front porch where her boyfriend killed himself just one month ago. and investigators are still looking into his death. she described him as her soulmate and he was the father, also, of her ten month old son. mindy mccready had a very public battle with drug and alcohol addiction, is she'd been arrested multiple times, hospitalized for a drug overdose, in and out of rehab, even appearing on the

celebrity rehab reality show, the 37-year-old had been in a custody battle over her children and kidnapping one of them from her mother who was the legal guardian. a few weeks ago, both of her boys put into foster care because mccready's father said she's no longer able to take care of herself or her children. she's performed alongside some of the biggest names in country music, george strait, tim mcgraw and alan jackson and keith urban, blessings to all of mindy mccready's family today, very sad indeed. >> from carrie underwood, i grew up listening to mindy mccready, so sad for her family tonight, many prayers are going out to him. >> the band rascal flats tweeting, mindy you will be missed dear, our prayers are with your boys and your family. mindy lived in kiefer springs arkansas about 60 miles north of little rock.

megyn. >> megyn: gone too soon. casey, thanks. >> reporter: yeah. >> megyn: weeks after the senate reached a bipartisan proposal on immigration, the white house floats its own plan and apparently, leaks it to the media over the weekend. senator rand paul says that proves that the white house is trying to torpedo reform, not help it along. fair and balanced debate on that right after this break. and the british tv series "downton abbey" about an aristocratic family garners a lot of attention on this side of the pond. this show is huge, not just in great britain, but here in america. and stu varney talks about why americans are so drawn to a show that makes rich people look so good. he sees a different class warfare argument that the ones some of the administration he says has been pushing. a woman part of the one of the deadliest massacres in america history in 1991, her parents were killed and she was very much in danger at the time testified on capitol hill last

week. this was unbelievable. why she says gun legislation made her unable to protect herself and her family on that fateful day. an and she's here live with us. >> honestly, i don't view myself as the victim of gun violence. i view myself as the victim of a maniac who happened to use a gun as a tool and i see myself as a victim of the legislators that we had at the time that left me defenseless.

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>> developing story affecting millions of americans across this country. triple-a now says that gas is the most expensive it has ever been in the month of february. in fact, prices have jumped 43 cents from just a month ago, pushing the national average back up to $3.64 per gallon. and according to the energy information agency, the average price of a gallon of gas increased 96% since the president first took office back in january of '09. and experts say refinery maintenance is one reason for the spike. >> new backlash over a leaked white house immigration proposal. it was first reported in usa today, white house immigration plan offers tax to residencesy. and the legislation made a flurry of opposition from key republican senators. and rand paul accusing the obama administration of trying

to sabotage a bipartisan deal already emerging in the senate. >> this is the president torpedoing the plan and shows me that he's really not serious. there are many people who think that democrats bring up the issues as wedges and they don't want to pass them and no longer have the republicans to blame and they set themselves up for failure by putting up something that's untenable. >> megyn: bradley is a former spokesperson for president bush. and gentlemen, welcome to you on this president's day. it's an interesting theory, brad, that he's positing that president obama doesn't really expect his own individual plan to get passed and everything is going along well, from what we're told now in the senate, for the first time in years and looks like an immigration reform might be be possible. and the theory is he doesn't want them to do that. and won't allow a plan to go through. >> megyn, i think things were going too well.

the president was taken aback by the bipartisan spirit that brought house to the democratic and senate leaders together on the aisle and think together and come up together, as the president asked them to do. and things were going too well. what does the white house do, sabotage them. and leak them for three reasons, to help something, to hurt something, and to embarrass somebody or a body, in this case, the congress. i think this is a tactic by the white house not only to embarrass the process, but also thwart the process and i think that this is not going to be received well by republicans and democrats on the hill, who in good faith are working together and it's clearly not a good thing on the part of the white house. >> megyn: and they say that the president's plan would provide a path to citizenship in eight years and illegal immigrants might be legal here in eight years instead of-- citizens here eight years and doesn't focus at all on border security which is the republican's big issue and

something addressed by the bipartisan senate proposal and the white house is denying by the way they intentionally leaked this, but there are skeptics. what would be the reason for them leaking this or their allies leaking this? >> it's a good question, megyn. i don't have a great answer and pause for one second and say congratulations to you i understand you're increasing the population by one. >> megyn: thank you, we're working on it. >> absolutely, well done. and look, i'm not sure we have a clear understanding what the motive was, as brad describes it that you could come up with a few different reasons and clearly the republican party has a real fundamental interest in getting to some kind of immigration reform. if you look at the hispanic turnout in the last election and the trend line and increase in 2016, you know, i'm surprised the way the last election turned out that boehner and the republican leadership didn't come out immediately with a plan for blanket amnesty. this is an issue that the republican party needs to tackle and maybe the democrats do feel like they've got a slight advantage.

on the other hand for the president he's clearly said this is a priority and maybe they were trying to light a fire underneath the negotiators on capitol hill. >> megyn: here is one of the things that jumped out at me when i was reading up on this today. the usa today article quoting president obama speaking to reform recently in vegas, if congress is unable to move forward in a timely fashion i will send up a bill based on my proposal and insist that they vote on it right away. where was that urgency for the last four years? >> you bet. in 2008 he ran promising immigration reform in the first year and spoke about it shortly after he was elected and spoke about it in his inaugural address in 2009. yet, nothing was done the first term. now, all of a sudden, there's this urgency for immigration reform and president won't give the parties he charged with coming up with a policy, to even come up with a policy that's bipartisan and what does he do, while they're talking, the president and

people at the white house decide they're going to upset things by leaking this to usa today. it's not helpful to the process and if anything, 2013 is the time to get it done because as we move through mid terms in 2014, there's going to be no appetite for major generational legislation and immigration reform or anything else. >> megyn: what i don't understand, is the president said to himself that he believes a lot of these republicans particularly in the house will vote against pieces of legislation just because it came from him. they don't like him and vote against it because they don't like him. if he believes that, for the first time in years, it looks like something might get done. so if he thinks he's a potentially deal breaker, why not keep yourself out of it. >> it's a good question, i don't have the perfect answer and there are issues they both need to settle. the question of the border is an important one. more people on the border than with mexico you've had in a long time. and since 2006, statistics

show at that people coming over the border to mexico, down 16% and thwarted more folks than ever before. 400,000 in a year and so they're enforcing immigration laws, it seems, and the question of how we'll move forward in terms of a path to citizenship is overwhelmingly popular, 70% of americans favor a path to citizenship for folks who are law abiding citizens, paying taxes and contributing to the economy. so i think both parties have an interest in getting this done. on the other hand, the republican party is caught between the far right and the tea party that may not want any action, and the rest wants to see the party win elections. maybe the goal is to muddy it up and blame obama for what is kind of a meaningless leak and moving forward and blame him in spanish, a better move. >> megyn: still, i'm trying to understand what the white house gets out of this. if the bipartisan deal, the-- the president's plan is not

going to want to get through. the one that the republicans and democrats are so far-- but what does the president gain by doing this. the president begins what he believes to be a more painless mid term election cycle. the president took a beating in the last mid term elections and he believes he can lessen the amount of losses on his side of the house and senate, but let's face it. the president is not up for reelection, but house members and senate members are and if there is a deal to be made, it's going to be made by the house and the senate and the president's going to have to come along kicking and screaming. if they're serious a deal be would be made up here on capitol hill and not up at the white house. >> megyn: we'll see as it plays out. thanks for being here. >> always a pleasure. >> megyn: we're watching the possibility of a new major storm system today. it could bring snow or severe thunderstorms to large part of the u.s.

janice dean has the latest from the national weather service and we'll bring her report to you shortly. a smash hit "downton abbey" has jaws dropping after a huge season finale that ended in quite a shocker. and stu varney says the sh's popularity may be bad news for the president's agenda here. he joins us live to explain why next. >> megyn: and no need for seconds, why growing number of schools around the country are saying thanks, but no thanks to the free federal school lunches. ♪ ♪ hogueys and grinders ♪ ♪ and sloppy joe, sloppy, sloppy joe ♪ ] where do you hear that beat? campbell's healthy request soup lets you hear it... in your heart. [ basketball bouncing ] heart healthy. great taste. mmm... [ male announcer ] sounds good. it's amazing what soup can do.

>> never change. well, that's the feedback from fans of one of the country's most iconic bourbons. maker's mark briefly lowered

the amount of alcohol by volume in an effort to avoid a possible shortage. the chief operator officer says that was met with countless e-mails and phone calls saying-- customers told they'd rather have the occasional shortage than any change in the way they make maker's mark. >> i've got a job and i'll start tomorrow. >> a job? >> you do know i mean to involve you in the running of the estate. >> don't worry, there are plenty of hours in the day and of course i'll have the weekend. >> what is the weekend? (laughter) >> that was a clip from pbs's "downton abbey." british tv series that depicts the lives of an n aristocratic family and their servants and almost as popular as american

idol is here and abroad. despite the fact that it makes rich people look good and not evil, stu varney says that's the opposite message of the one we have been getting from some of our elected leaders here at home. stu varney host of varney and company at the fox business network. you see a political message here and you're not the only one. many on the left particularly in great britain have been ripping the show suggesting the creator julian fellow hes is in their view conservative and to the right and more fair-minded people say he's a center right, not far right, but in any event they say -- they accused him of having an agenda of making the rich look good and that's why they hate "downton abbey" and you say what. >> what other tv show have you ever seen, a modern tv show, where the rich are made to look generous, honest, classy, and looking after people with their money and their power? what else do you see this? you're taught in america today to think of the rich, well,

they are evil, unscrupulous, abusers, and as the president says fat cats and should pay their fair share. the president wants to demonize the rich and make them pay for all the goodies he showers upon our democracy. it's a juxtaposition, the show makes rich people look good and we sympathize with them, but the reality today, not going to do that. you're supposed to feel differently about the rich and dislike. >> megyn: do you see a rejection of the president's message in this show's popularity here at home in america. >> let's not go overboard. whendy that say in an interview. hit the internet and varney says he wants to bring back king george. >> megyn: you talked about this on fox and friends. >> yes, varney wants them to know their place, that's not the case. i want to see reality and honesty how we portray society. >> megyn: when you need some of the reviews by "downton

abbey" by some critics on the left. they're unhappy. talking about it cultural necrophilia, a servile soap opera and can't understand why people are accepting it. and you say it may be in part because of this message, but it's like, i like the romance and i like the costumes and i like, you know, period pieces. >> sure. >> megyn: why does it have to do about anything with class war fare. >> it's trif particular,s costumes and the-- >> it's a step above a soap opera. >> and why did you use a british accent. >> megyn: it's not british it's high brow new england. harvard, harvard. >> let me throw something else at you. where else in modern american television do you see profit and the pursuit of profit to be good? that's what you see in "downton abbey," they introduced profit to the running of the estate to save

the estate. profit is good, keeps people in jobs and when do you see at that today. >> megyn: typically he when you look the at the history of these type of dramas, they show the upper class or upstairs folks as snobs who look down on the people who serve them, who are stupid, who are vile, and then the servant class is exactly the opposite, noble, kind, giving, you know, the victims of the people who live above. and this show has the opposite. the villains in the show tend to be a couple of servants made us love to hate. >> downstairs, the servant's quarts is riddled with back biting and vicious gossip and harmful activity between each other. they go after each other below the stairs. that's not supposed to be the way you portray these things. aristocracy is supposed to be awful, dreadful. and if they're portrayed in any other way, that's a disgrace. >> megyn: do you think the message is seeping in here. do you think that americans who have bought into the class

warfare argument if you're rich, you're bad, you don't pay your their share, you owe more. even though the rich pay 91% of all taxes, don't pay enough. but you think that folks say, you know what, maybe rich people aren't so bad? >> we talk that rich people, aristocrats treat people badly and to be governed by these people is bad. and are you happy to be pushed around the by the the bureaucracy. are you happy to have people from the government tell what you to do, where do you go, what do you have inspected and how much money taken off you? it's an ultra democracy doesn't look quite so good with a critical eye. >> megyn: before i let you go, i have to go. a spoiler alert, soiler alert. >> air not going to tell people. >> megyn: the finale aired i'm not ruining it too much. do you believe what they did to you know-- a major character on the show which is no longer with us.

i am he' seriously bummed out. and the finale aired on christmas day and people say it ruined their christmas. >> a soap opera, do you think it would be-- >> i deny that and demand proof. we'll be right back, don't go away. when you have diabetes... your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

# >> university of missouri is facing criticism for a policy that puts pagans and wiccan festivals on par with christmas and thanksgiving. and hanukkah. and helping them avoid scheduling exams as projects on holidays. (laughter) okay. trace gallagher has the story, trace? don't offend the wiccans. >> reporter: don't offend the wiccans. you send out the guide and don't have a student activity on that day. here is the thing, there are

43 of these major holidays that includes the new wiccan and pagans holidays, eight of them and now the wiccans can observe the wiccan new year where you remember the pets and family members and friends who died over the years and sometimes they stay up and pray all night. on top of that, the university says one of the pagans holidays is the hindu festival celebrating the birth of krishna when they stay up and sing all night and the university sent out this note to the teachers saying, quote, avoid scheduling major academic deadlines on this day saying it's likely the students will be operating on very little sleep. well, clearly, critics are wondering why it is they have to list every holiday associated with these fringe beliefs? they say it's a little much, but the university told us quoting again we've not received any complaints, nor are we aware of any issues that are associated with the information provided in the guide. many individuals across campus say they find the guide useful

and informational. chinese new year is now in at that book as well. and they have 34,000 students, and 6% are international students, mostly from asian countries. and that's part of the push here behind the pagans holiday. >> megyn: not sure that the pagans and wiccans students find it useful and informational and the students get the days off in between. thank you. >> reporter: okay. >> megyn: we're watching a potentially major storm that could spread from coast to coast. talking weather patterns running the gamut from blizzard conditions, and janice dean is in the weather center. and one of the deadliest mass shootings. a crazed condition in luby's restaurant in killeen, texas, another 20 were injured. suzana hupp watched her mother and father die. and she delivered a powerful message that received little attention. she joins us live on a story

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>> fox news alert. we get word of a potentially dangerous storm that could go coast to coast, a chance of blizzards, main and what could be serious thunderstorms and that's where we begin the brand new hour of america live. i'm megyn kelly. up to ten inches of snow predicted, wind gusts topping 40 miles per hour or more and that system is expected to split and hit large areas of the united states impacting a whole lot of people in a whole lot of places. meteorologist janice dean live in the fox extreme weather center with more, jd, what's up? >> a lot of folks complain up here in the weather department.

too centric or this storm and one behind it is going to affect much of the country. and many parts will see winds, you name it, it's on the way. it's 77 in dallas, okay? they're going to drop at least 30 degrees in the next six hours as it potent system moves through and this is storm number one, our next storm system is not even across the west coast, that's going to bring us even more of a threat for severe weather. let's focus in on today as we have the threat for blizzard conditions across the upper midwest and the red. blowing winds in excess of 40 miles per hour going to make travel next to impossible and then later on today, we're going to see the threat for severe weather, meaning large hail, damaging winds and isolated tornados across this area. and next system moves in on wednesday, thursday, you can see the radar exit and then you can see this one is going

to be a bigger event and see certainly blizzard conditions, six to 12 inches of snow across a wide swath of the country and yes, tornados, large, damaging, long lasting tornados, unfortunately, across the same areas over the south. so, again, megyn, this is one of the storm systems that's going to affect everyone, everyone, and we'll bring you the latest from fox news extreme weather department. >> it gives folks a chance to catch up with "downton abbey." >> bummer. >> megyn: and we were texting each other during the season finale. >> no spoilers because a lot of people have it on dvr, but-- >> bad news coming your way. >> not good. >> megyn: see you jd. >> bye. >> megyn: well, new fallout from a government lunch program meant to provide school children with a healthier mid day meal. several school districts in new york and at least one in arizona now opting out of the federal mandate that's been touted as a way to help reduce childhood obesity and they're losing money from the program

and that's not the only reason they want out. rick leventhal has more, rick? >> it's not easy getting kids to eat their vegetables. as you mentioned that's not the only problem here. opponents say the portions are too small. one slice of deli meat on a sandwich and half a slice of pizza. sometimes they bring their own or buy elsewhere and food is wasted and budgets suffer and larger fruits and vegetables and less junk, part of the healthy kid act. and the bill was the first district in new york to opt out. >> we don't have a child obesity problem locally, nationally we do, but our kids are abbictive. but with the changes they may go home and scarf down a big bag of potato chips. and i'd rather have them have a hearty lunch with us. they serve healthy lunch, but give nem larger portions of

meat, but districts with high poverty levels rely on subsidies to pay for student meals. the less they can afford opt out. the u.s. department of agriculture that released the program release add statement saying, quote, usda continues to provide additional flexibility and technical assistance to school and strive to offer healthier meals. and encouraging school districts that have chosen not to participate in the school lunch program to take steps to ensure all children have access to the affordable healthier meals. by the way under the federal guidelines there are no peanut butter and jelly sandwiches. >> megyn: one piece of meat on a sandwich. >> doesn't sound like enough. >> megyn: ask for a refund here in new york. half a piece of pizza. my two-year-old could eat that. >> and then they he go to the vending machines.

>> megyn: i would, too. thanks. and former congressman jesse jackson, jr. and his wife, both are set to appear, after the congressman is charged with spending hundreds of thousands of dollars in campaign money on personal expenses. wait until you hear what they allegedly bought with that money. >> reporter: they'll appear in court on wednesday to answer a variety of charges. jesse jackson, jr. the son of the famed civil rights leader accused of spending $750,000 from his campaign fund to buy memorabilia and other lush-- lavish items in violation with federal law and conspiracy to comm commit-- and his wife charged with filing false tax returns. and during this, the former congressman says $43,000 in campaign funds to buy a gold-plated rolex watch and spent thousands of dollars on

memorabilia related to martin luther king, jr., and bruce lee and eddie van halen and michael jackson and a 4600 michael jackson fedora. and a football, more than 5,000 on furs and 10,000 for children's furniture and said he rented a room in a museum for a fundraiser, but spent the money buying porcelain collectors items and jackson said in a statement last week, i offer no excuses for my conduct and i totally accept my responsibility for the improper decisions and mistake i've made. to that end i want to offer my sin veer apologies to my family and friends and of course to reporters for my errors in judgment. last year of course, jackson dropped out of public view for a while and treated for bipolar disorder and he was reelected anyway, and later resigned. if he's convicted on these charges, could get up to $five years in prison and $250,000 fine. >> megyn: thank you. a chilling murder case in

today's kelly's court. the ton olympian known as the blade runner, beat his model girlfriend with a cricket bat, before shooting her to death. he thought an intruder came into his house and shot through a door and realized he killed his girlfriend. well, if he beat her with a convi cricket bat that changes the evidence. that and more in kelly's court. take a look at the video. a mysterious blue light in the skies over san francisco, what is it? hours after that meteorite crashed in russia. any connection? and it was one of the deadliest mass shootings in american history. october, 1991, two dozen people killed by a crazed gunman who drove his car through a luby's restaurant in killeen, texas and opened fire on the innocent victims sitting there. suzana hupp was among them and watched her mother and father die in that restaurant that day.

she went above congress over part of the debate over gun control and delivered a powerful emergency that received little attention. she's here live after this break. >> and dealing with a lunatic like being mad at a rabid dog. i i'm mad at my legislators who leg lated me out of protecting my family. thanks. [ phillips' lady ] live the regular life. phillips'. [ bop ] [ bop ] [ bop ] you can do that all you want, i don't like v8 juice. [ male announcer ] how about v8 v-fusion. a full serving of vegetables, a full serving of fruit. but what you taste is the fruit. so even you... could've had a v8.

>> the president's big push for gun control suffering a bit of a setback as the list of states opposed to new federal regulations and fighting new laws continues to grow by the day and we got more this weekend. you saw the impassioned testimony on the hill from a powerful voice on the debate. the survivor of a mass shooting in texas back in october of 1991. a man shot more than 40 people in a luby's restaurant, killing 23 of them.

suzana hupp was there that day and took her parents that day. >> it took 45 seconds which is an eternity to realize that the guy was simply going to walk around, take aim pull the trigger, get to the next person, take aim, pull the trigger, he was executing people. >> she says she does not blame the shooter for her loss, but instead, the laws and the lawmakers who she claims left her sitting there unable to protect herself or her family. >> i don't view myself as a victim of gun violence, i view myself as a victim of a maniac who happened to use a gun as a tool and i see myself as a victim of the legislators that we had at the time that left me defenseless. >> megyn: joining me now the author of "from luby's to the

legislators", and i know you're a former u.s. congresswoman. i refer to you as suzanna because you offer this in your personal capacity as someone who has lived through an episode where a maniac unleashed hell on you and your family and so many others that day. >> yes. >> megyn: take us back to the moment he drove his truck through the luby's window and first you thought it was a car accident. and soon there of realized he was there to execute people and you thought for a moment, i've got this because i have a gun in my purse. >> yeah, remember, back in 1991, these crazy shootings weren't happening like they're happening now so you're kind of waiting for some sort of reason, you know, you're waiting for him to say everybody put your wallets up on the table or something like that and it did take a long time, 45 seconds is a really long time to figure out considering he was there to execute people. so i did reach for my purse on the ground next to me, i had a perfect place to prop my arm, we had the table upturned in front of us, i realized

earlier, two months earlier i made a stupid decision which at the time was texas law and left my gun out in the car and it was completely useless to me. >> when you realized that you felt like a sitting duck. >> oh, gosh. >> megyn: what am i supposed to do throw a salt shaker at him. >> the level of frustration for anybody who is a doer, the level of frustration still makes me angry when i think about it. you can't go up against a guy with a gun with a salt shaker or a butter knife. and look, i've had people say, well, you could have missed or your gun could have jammed and i suppose those things are true, but the one thing that nobody can argue with, is that it would have changed the odds. that's all i'm asking, just give me an opportunity to change the odds. >> megyn: you're a doer and your father was a doer as well and your father rushed the gunman, unarmed and he rushed the gunman to try to save lives in that restaurant, unfortunately, he was killed and you made a run for an open

window and crashed through, and took your mom with you, unfortunately your mom would not leave the man she had been married-- >> i tried to take my mom. i reached over, i grabbed her, tried to pull her out. come on, we've got to run and get out of here and i made it out the back window. when i turned around, realized she had not followed me out and the police officers, the first responders, several of them were patients of mine and they told he me a week later that they had found her, she had crawled out into the aisle where my father had been gunned down and was still alive, and still conscious, and she was cradling him and the police officers said that they saw this 30-something year old man walk up to her, said she looked up at him, put her head down and pulled the trigger and that's how they know who the gunman was. my parents just had their 47th wedding anniversary and mom wasn't going anywhere without dad.

>> and you feel like that day, you talked about how, look, he was like, this gunman was like a rabid dog, you don't get a rabid dog and may take him out in the back and shoot him and put him down, but you felt like the laws that constrained you, that made you-- 'cause it's your instincts, all of us to be a law abiding citizen, to follow the rules. >> yeah. >> you found that wound up costing more lives that day. >> absolutely, there were a number of people in the restaurant who dutifully left their guns out in the vehicles that day. a couple of years after the accident. a woman, an older woman, approached me in the local bank and said suzanna you don't know me, but i want to it will you my daughter was one of the ones that was killed that day and her gun was out in the car as well and you don't believe there was coincidence we see these things happening over and over again in restaurants, in schools, in malls, in places where-- >> isn't that amazing? >> there are been-free zones. >> yes, and isn't it amazing that all of these mass

shootings, megyn if guns are the problem explain why we don't see the mass shootings at skeet and trap shoots or the dreaded gun show, the thousands of gones in the landof at least as many law abiding citizens. these creeps go to the place where they know they can rack up high body bag counts and seems so painfulfully obvious to me. >> megyn: you know, that folks on the other side why did somebody such as yourself wants to defend yourself from these circumstances, that we find ourselves in, why do you need a magazine clip that has more than ten rounds in it, why couldn't you arm yourself with something ten rounds or less? >> well, i may be a bit of a libertarian at heart, but i hate that word need. that strikes me too much of an old communist thing, each according to his needs. how frightening it is to have a government committee

determining what my needs are? where will that lead? it's none of their business what i have at home as long as i use it in a law abiding manner. megyn-- you're a mom and well, just, i know you're a mom and i'm a mom and i just can't imagine being back in that position, but instead of having my parents with me, have my kids with me. and not have any way to protect them. that's a-- that just makes me ill. >> megyn: and i know you say even people who are opposed to guns and you know, more robust second amendment rights would probably want to have somebody who had a gun nearby and god forbid they found themselves in a luby's type situation. yeah, i guess that's the old addage about, you know, you can be a liberal and talk about gun control all you want, but when you're actually in the situation, most normal people want to be able to defend themselves and their children or grandchildren. >> megyn: you know, i don't know you suzanna and certainly

didn't know your parents, but sounds like a beautiful family and laudable. and each one of your, your far acting courageously and your mother with love and your initial courage to try to take on the gunman. thank you for being here. >> thank you for having me, but let me make it clear, no courage. i ran out of that restaurant. >> megyn: but your instinct wasn't to run, your instinct was to fight back and reason prevailed and you realized it wasn't possible. thanks again. >> thanks for having me. >> megyn: wow, have you heard her story before? she went to the u.s. congress and been a congresswoman for many years, she's been a lawmaker for many years and now, has a book out, but it was not a story that i was familiar with, but unbelievable. taking your thoughts on it on twitter@megyn kelly. up next an incredible story about a teacher who apparently asked her fourth grade students to do homework about infidelity. and the white house press corps expressing frustration with the lack of access to

president obama during his golf outing with tiger woods. what happened to the president's pledge of transparency, he's in a bit of a rift with the white house press corps right now. we'll have a fair and balanced debate about it. and the meteorite that crashed into russia, why nasa thought it was bigger and badder than we first thought. >> a flash of light.

>> just says after a huge meteorite explodes over russia injuring more than a thousand people there's word of another big fireball, this one streaking above california. trace gallagher live on the west coast with more, trace? >> reporter: they tell us that meteors are rare, but they're

whipping around us. this person was driving 280 one of the areas around the bay area, a bright flash of blue light streak across. it's kind of hard to see the color on the video, but witnesses say this thing was a very bright blue and maybe it's just because of what happened in russia that we're watching the skies a little closer, but experts say this likely also could have been a meteor or a meteorite, but there were no reports of it exploding and no reports of it hitting anything, unlike in russia where this thing happened on friday and now, nasa is saying that it was bigger, faster and stronger than they thought instead of 50 feet, it was 55 feet. instead of 33,000 miles per hour, it was going 40,000 instead of 300 kilotons of explosive power it was 500, it was as big as the biggest nuclear device in history that got the new measurements and checked the infra-sound

stations around the globe and people in russia are scrambling to see if they can find chunk of it. a small chunk can sell for up to $4,000 because as experts say, there is scientist gold in them there rocks. listen. >> these pieces really are sort of like museums of the solar system and bound up in their composition, clues of what the early system was like, studying these help us open a door and look back in time and possibly gain more information about what the solar system was like very early in its history. and they explained the reason that these things have so much information in them. because there's no erosion on them at all. they're in the purest state and a to you people, by the way, injured in that meteor in russia last week. >> megyn: all right. trace, thanks. >> reporter: okay. >> megyn: an incredible video

of a race car driver loses control at 300 miles plus per hour. and incredible ending. is your home making you sick? what may be inside of us house that could make you feel a bit under the weather. this is an interesting report. and president obama vowing to make his administration the most transparent in history. in fact, he just claims it is the most transparent in history. days after making that assertion, the white house press corps joins together to express their quote, extreme frustration on the lack of transparency. we'll explain and have a fair and balanced debate next. . >> this is the most transparent administration in history. every visitor that comes into the white house is now part of the public record. that's something that we changed. just about every law that we pass, every rule that we implement, we put online for everybody there to see. ♪

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>> the white house press corps expressing extreme frustration, that's a quote, with the access they've been given to the president, a lack of transparency. the current beef the president, who the press follows everywhere, his personal and professional outings, shut him out of his golf outing with tiger woods. they say they had zero access to our commander-in-chief the entire weekend down in florida and they are not happy and

now, the president is finding himself in a bit after dust-up with the press. who is on the right side. ken mccollough, the host of the mccollough show and mark hanna, former heyed to the obama and kerry campaign. this is sort of rare when you see the white house press association standing up and saying, you're not transparent enough. it was the president, our own ed henry and speak for the white house correspondent's association and expressing extreme frustration, kevin, i think the initial instinct is to say why do they need to see the president golf with tiger woods? but this is what they do. news organizations spend a lot of of money to send them down to and we're paid to and we pay to watch him, report on him all the time. >> it's part of the job, and it's part of the job that you know it's part of the job when you take the job and when you get reelected to the job it

should still be part of the job. as you point out, megyn, it was a vacation weekend and the president was in a different place than the first-- the rest of the first family and i can't begrudge anybody that is running in organization and say they want time off or down time et cetera, et cetera. the problem is not just this one event. if it had just been this one occasion, then i think the press might not even care so much. but you've got going back to the passage of obamacare, all the way through fast and furious, all the way through benghazi, all the way through current problems with the economy, that the white house press corps has never really been given straight answers on and i think that when they experience this after a long history of that lack of transparency, frustration overwelcomes them and they bubble up sometimes. even someone as cooley collected as ed henry. >> megyn: it wasn't just ed expressing his personal frustration. >> no, of course. >> megyn: talking on behalf of the association. mark, now, what do you think really went on here. the speculation is is that the

white house or the president didn't want the photo to come out of the president golfing with tiger woods who used to be the storied golfer, but then all of these reports of his multiple mistresses and these encounters with the porn stars and triple x testimonials. it's not the best photo-op for president obama and maybe that's the reason he didn't want the press following them. >> or maybe the president didn't want ed henry shouting out questions about benghazi, or replacing the divot or taking a mulligan. it's an important issue and i'm glad you're bringing it up. open government ap government transparency are hot topics about which democrats are very concerned. i think it's important that we're having the conversation. let's put it in perspective when we're talking transparency, one thing to talk whether or not the press feels left out when the president is taking a vacation not even his family is joining him on or three years ago we

heard because he went out and kind of absconded to the white house and to see his daughter's soccer game and weren't tipped off. this smells like sour grapes. this has been the most transparent government and (laughter) transparent presidency. i hear kevin laughing in the background. >> megyn: i do, too. >> and go to whitehouse.gov, everybody to visited the white house and see where every dollar of the of stimulus was spent and usa spending.gov and where your tax dollars are going, it's important for the government to be the accountable and after the most probably unaccountable presidency in recent history. this president realized he had to restore accountability to the oval office and that's what he's doing. >> megyn: go ahead. >> i think part of the issue that mark brings up is mr. hanna, congratulations on your professorate inside the

way. >> megyn: it is impressive. >> what you're getting here is a lot of following what they said on stuff most people don't care about and what you have four or five big issues that have come through the administration where you've had not just grudging reluctance to cooperate you've had all-out obstruction in some places and it started with obamacare where he was going to put the whole debate about health care reform on c-span so the world could see it and the next thing you know his lap dog spoker pelosi is out here, we've got to pass it it before anybody can read it. that was how the gravy train started all the way through benghazi. >> megyn: there have been complaints, i think it was the associated press did a survey back in 20111 that showed the freedom of information act request when the citizens or gin up-- forget what the white house post online people say i want to know about fast or furious

and i want to know about this and the record on transparency was not so good. in fact, it was-- that they characterized it out of 544,000 times that freedom of information act requests were made of the 35 largest agencies that the government responded to nearly 12,400 fewer requests than before. in any event, here is the question i have for you. let me ask you this, mark, because the thing where he absconded to watch his daughter's soccer game and watched the press and this, like he's trying to have golf, do we need to watch this, but here is the deal, the reason, the reason that we do it is because everything he does makes news and god forbid something happened to him. i mean, cruder people have put it as the death watch. god forbid something happened to him the press needs to be there. if he decides to make news in any way the people want to be there and people want to know and for better or worse, it's what these guys sign on to when he's our president. does he get to, mark, does he

get to dodge them when he goes golfing with tiger? >> sure, no, there is the idea of the body watch and i've heard that. i've traveled with the pool press and travelling press course when i did event work for senator considerry and then during the obama campaign. and the idea though that the press gets pack cess to everything that actually happens to the president or the vice-president is just not true. i mean, there are private, closed door meetings with fundraisers and there are private dinners with his family that the press isn't in attendance on. yet, they might be a stone's throw away, but the fact is, there are private meetings that the president does get to take off the record and don't have press access and to speak to the freedom of information act requests, it is true, yes, it's-- this president is, if you think of a captain of a ship and the federal government is this gigantic ship, not every agency has been able to change the organizational culture in a year or two. and there is a lot of room for improvement for sure i'll

grant you that as a democrat, but i think that, you know, the commitment to-- the explicit commitment to transparency is going to be a part of the president's legacy for decades in the future. >> megyn: the white press corps were ticked off not only the tiger woods outing, the entire weekend, which is unusual. the white house says it's not unusual, they're saying that the press access granted was consistent with the press offered for previous presidential golf outings. >> of which this president had a record number. let me just say, this plays into one other narrative that i think that mark would admit was not helpful in terms of whether it's pinpointed at you or not. it's the feeling that the voters get and that is that this president does what he wants. he makes up his own rules, and he has joined the elite and kind of lived like the elite and he's not remembering that he's accountable to we the people when it comes to these types of things. he works for us, he's our

employee, he's not our ruler. he's our servant. he's our public servant and administrates the country for us. and it's fair to peek in and see what he's doing. obviously if he's on vacation with his family it's more understood he'll want private time. >> megyn: this wasn't that. >> this wasn't with family. >> megyn: this was with a controversial figure, tiger woods for better or worse, used to be a star, but he knows what he did, he knows what he did. >> a great american and-- >> i'm not calling it a woods conspiracy. i think that that's in the past. this is a general-- >> transparency-- >> may have for given him and-- my girlfriend and i still have issues with the reports, we remember the reports, the lengthy reports and some of the ladies went on howard stern and-- >> and i've got to leave it at that. no, no more i've got to go, got to go. great job for both of you, mark, great to see you, kevin as well. new concerns that your home might be making you sick.

oh, joy. could the appliances and products inside your home be making you physically ill? kelly's court looks the at new and disturbing evidence in the case of the olympian charged with premeditated murder of his model girlfriend. allegations now of steroid abuse, a possible new weapon in the crime and why investigators say her ipad could reveal damaging evidence against olympian oscar pistorius. that's next. >> obviously, from an american point of-- and also as a friend, it's a tragic circumstance and events that have unfolded and we can only give you at this point in time. living with moderate to severe rheumatoid arthritis

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in session. new information on the olympian known as the blade runner. he's now charged with premeditated murder in his girlfriend's death. initial reports that oscar pistorius may have shot reeva steenkamp accidentally valentine's day. but now serious new doubt on that claim. joining me now lis wiehl and mark eiglarsh. a few things have come out. let's talk about them in order. number one, lis, there are riots that they found steroids in his home and that this could have been a possible roid rage. >> right. >> megyn: number two, they found a bloody cricket paddle sort of like a baseball bat and that her skull had been crushed according to some reports. there's a third one we'll get to with the ipad. let's start with that.

if they have a bloody cricket bat and her skull was crushed in how on earth does he make the defense this is an intruder he mistook. >> i don't see how he does, an intruder mistaken, one shot, but there were four shoots against him and you don't beat at that person's head in. if it's mistaken, you know that's not person you thought it was, not an intruder, why would-- it it doesn't match with the evidence, megyn, really bad for him. >> megyn: i'm not ready to move onto the ipad yet, mark, because this they have a cricket bat with her blood on it and her head is crushed in. his alleged, we haven't heard from him directly, but the report readiy, an intruder came in, a dangerous area, i had my gun and i shot through the door. that's done. >> that's a problem. i won't say it's done, nothing is done until it's done. i would say it's problematic on the defense side first i would question whether the report is accurate, i don't see it yet. secondly i'd also want to know

is there any scientific evidence linking him to that cricket paddle. did he hold onto it. could the intruder, this alleged intruder, everybody is going to cringe their eyes, but could this alleged intruder have done something to his girlfriend prior to, i don't know, going into the bathroom, i don't know. >> okay, but let me jump in. the ipad comes in and the story seems to come together. and viewers bear with me, reportedly, this is coming from south africa and getting information from local reports. >> we don't know if it's accurate. >> megyn: we don't. reports that are she got a text message on her ipad from another athlete who she may or may not have had a relationship with, sometime in the wee hours of the evening and when they found her body she was wearing her nightgown. there was an argument that people heard precede the shots and i mean, lis? >> right, if you take the ipod, we just brought up, you take that with the first

elements you talked about a minute ago and that brings up the roid rage and if he was on enhanced steroids and saw the texts and apparently what i've been understanding and again we're getting this, kind of streaming in here, is that they did have a relationship in the past. so there haf been some jealousy, some motive there. also, we have heard that he did have a history, there are girlfriends coming forward, saying there's a quote, unquote darker side to him we'll be discovering and you put those things together, mark, again, really bad. >> megyn: that stuff is weak, what i've heard about the previous incidents i've heard the same stuff, it's weak and yet to come forward and say this guy is an abuser and he abused me. even though there were other domestic incidents at his home, would who, with reeva? we don't know. and the bat and got a text from another man in the wee hours of the evening. and the nighty, if he mistook mer for an intruder and shoots her while she's wearing her

nighty, mark? >> there was a door between them. he couldn't see on the other side. >> megyn: a bathroom door, not like the front door. >> right. >> no, no, two on one, i'll move to recuse you. (laughter) last year alone in south africa there were 16,766 burglaries. he slept with a pistol by his bed and a machine gun by the window. he believed, probably correctly there could be an intruder coming into his home at any moment and he was on heightened alert. >> in the bathroom, through the bathroom door and set it up like that, through the bathroom door the shots are fired and then you bring in the bat on top of it, mark, where does he go with that? >> where does he go with that. you prosecuted cases and mark, you have, too, now you're a defense attorney. how do you get out of that. if that cricket bat has her blood on it and shoots her through the bedroom door with a nightgown, whether it was moments from a text message from another man or not, how do you get out of that, mark?

>> it's problematic and one of those things that jodi arias is trying to do in her trial, paint the picture because dead people don't tell tales and he comes up with some story that somehow fits whatever the physical evidence is. >> megyn: the whole thing about the-- >> for one second the thing about the steroids and rage, that would not go to whether he's guilty or not. that would go to mitigating circumstances, that's it. >> megyn: really? that will help him. >> he could say that was it. i'm playing defense lawyer for a second. mitigating circumstance, but nothing to do with whether or not he was found guilty of first degree murder. and-- >> she was going to give the next day she was going to give a speech on empowering women and apparently out there on the speaking trail talking about abuse victims and she has reportedly suffered domestic abuse in another relationship and you know, you guys know, if it happens to you in one relationship, it can happen to you again, for whatever reason, this tends to be a pattern with some folks and even though they're very together. i don't know whether she was one of them or not, but that

doesn't bode well for him. >> sadly those stats are correct, megyn. >> megyn: thank you for being here, and we'll continue to follow itten get new information. >> thanks. >> in three minutes, is your home making you sick? an incredible video, also, of a race driver losing control at 300 miles an hour. how it all ended in three minutes. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story. there's nothing like our grilled lobster and lobster tacos. the bar harbor bake is really worth trying. [ male announcer ] get more during red lobster's lobsterfest. with the year's largest selection of mouth-watering bster entrees. ke our delicus lobster lover's dream, featuring two kinds of succulent lobster tails. or our savory, new grilled maine lobster and bster tacos. it's back, but not for long. [ woman ] our guests go crazy for lobsterfest. my favorite entree is the lobster lover's dream. what's yours? come celebrate lobsterfest

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>> a drag race nearly ends in tragedy when a race car explodes in flames. that's 300 miles per hour. look at this. the race goes off without a hitch until the finish line. look at this. it looks dangerous, doesn't it? that's when a 5,000 horsepower engine explodes. the car goes flying down the track and into a wall and eventually sliding to a stop. after all that, the driver anton brown emerges and walks away with only minor injuries,

unbelievable. well, energy efficient homes may have a dangerous side effect. they could be making the folks who live there sick. alicia acuna from denver with more. alicia? >> hi, megyn, who knew that our attempt at more efficient living could make things harder on our bodies, what doctors at national jewish health are finding. in the 1970's, builders answered the call for greener homes, that meant better insulation, but it also meant less airflow. listen. >> because of that, we probably have created a problem indoors because we're going to have more air pollution because it's tighter. we don't have the ventilation and a way to get rid of the indoor air pollution so that it goes outdoors. >> reporter: what stays inside are things like pet dander, dust, mold and bacteria, increasing problems

for allergy sufferers and 26 million americans suffering from asthma. in a study with several children who carried air monitors, the doctor found that the air pollution indoors is much worse than outdoors. this mother found out her son is allergic to many things indoors. >> that's why we went out and placed all of our bedding and going to replace and putting in new wall to wall carpet upstairs and keeping our hardwood floors downstairs to keep it as dust-free as possible. >> reporter: the good news, there's one very quick and cheap fix to all this, megyn. you can just open your window. let some air in and let some out. and that would help a great deal. >> megyn: unless you live in new york city, that's not going to help you. all right. alicia, thank you. (laughter) next up, an incredible story about a teacher who apparently asked her fourth grade students to do a little homework assignment on

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>> some fourth graders getting an advance lesson on cheating from their teacher. a teacher in gilbert, arizona, handing out a homework assignment on infidelity. the students were asked to read a passage about a wife who finds another woman's hair clip under her bed and then describes what is likely happening and what should be done. the teacher quickly apologized after parents complained saying she hadn't actually read the entire assignment. now, we don't know what that means. who wrote the assignment if not the teacher? there was this. the students complete the assignment with one suggesting the husband had cheated and was in big trouble. it could be that or a situation like janice, who, when her baby was little, he loved to play with her hair, so she put a